**Document:** DEC Decision Notice **Application:** 13/00739/B — Alterations to existing vehicular access and driveway, and change to design of conservatory roof as approved under PA 11/01627/B **Decision:** Permitted **Decision Date:** 2013-11-26 **Parish:** German **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/4559-german-41-douglas-conservatory-roof/documents/911557 --- # DEC Decision Notice ## Isle of Man ### Government E MCCormac Design 43 Lhonvane Close, Onchan, IM3 3BB. ## Town and Country Planning Act 1999 ### The Town and Country Planning (Development Procedure) Order 2005 In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to **APPROVE** a planning application by Mr Colin Quirk, Ref 13/00739/B, for the Alterations to existing vehicular access and driveway, and change to design of conservatory roof as approved under PA 11/01627/B at 41 Douglas Street Peel Isle Of Man IM5 1BB subject to compliance with the following condition(s): 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. The development hereby permitted shall not be carried out unless in full accordance with the following plans, received on 24th June 2013: 2013/11 01 and 2013/11 02, an amended plan, received on 20th August 2013: 2013/11 03 Rev A, and the plan, received on 8th November 2013: 2013/11 04. Date of Issue: 26th November 2013 **M Gallagher** Director of Planning and Building Control ### Guidance Note This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice. An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/ Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department. The proposed development must not be commenced until either; - The time for requesting an appeal has expired; or - Any appeal has been determined; Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice. Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; planning@gov.im 13/00739/B Case Officer: Mr Edmond Riley Photo Taken: Site Visit: Expected Decision Level: Officer Delegation ### Officer's Report #### 1.0 The Application Site 1.1 The application site comprises the residential curtilage of 41 Douglas Street in Peel, which is a single storey bungalow set back from Douglas Street in its own boundary. The site sits on the north eastern side of the highway. Number 41 is a bungalow, roughcast rendered in a light brown. The site is bounded by a stone wall to the front and rear of the dwelling, with a wooden fence to the north west of the curtilage forming the boundary with number 39 Douglas Street. Parking is to the side of number 41 via an open access either side of which sit two pillars; these are set into the aforementioned stone wall. 1.2 Douglas Street is a very narrow terrace – one way to motor vehicles – consisting of predominately two storey, traditional Manx dwellings; to the north of the highway, the dwellings are set in larger grounds than those of the south. There is limited vegetation in the area, and although much of what is in evidence – mature trees – is visible from the application site, the character of the area is very much one of a close-knit residential side street near to the town centre. #### 2.0 The Proposal 2.1 The proposal comprises the erection of a conservatory, measuring 7.19m by 2.93m, and alterations to the highways access. The proposed conservatory, to have a pitched roof complete with finial and with a ridge line parallel to that of the dwelling, would sit at the rear of the dwelling and finished in a roughcast render to match the existing. 2.2 The change to the highways access would result in the moving of one stone pillar to the south east and the demolition of part of the stone wall; the access, currently 2.85m wide, would be widened to 3.31m. A pair of wooden gates with curved tops, and measuring 2.1m high, would be hinged on the pillars. #### 3.0 Planning History 3.1 The application site has been the subject of one previous planning application that is considered specifically material to the assessment of this current planning application: [Table omitted in markdown export] - 11/01627 - Erection of a conservatory and installation of replacement windows and doors to dwelling - APPROVED ## 4.0 Planning Policy 4.1 The application site is within an area recognised as being "Mixed Use" under the Peel Local Plan 1989 and within Peel Conservation Area. There are two policies in the Written Statement that accompanies the Local Plan considered specifically material to the assessment of this current planning application. 4.2 Policy 5.2 states in part that: "The refurbishment...of properties within the town will be encouraged'. 4.3 Policy 5.3 states in part that: "A policy of refurbishment...of existing properties in the conservation area will apply". 4.4 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application. The relevant extract of General Policy 2 reads: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality, and (i) does not have an unacceptable effect on road safety or traffic flows on local highways". 4.5 Environmental Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." #### 5.0 Representations 5.1 Peel Town Commissioners have no objection to the planning application. 5.2 The Highways Division note that the proposal would result in an improvement to the existing access, and request a condition be applied requiring the applicant contact them prior to the carrying out of any works within the highway. #### 6.0 Assessment 6.1 Turning first to the conservatory: that which was previously-approved had a flat roof, sloping away from the dwelling. The Report assessing that application stated that: "As the conservatory is to the rear of the elevation, it does not affect the visual street scene or the public amenities of Douglas Street as [it] is not readily visible from the public thoroughfare. It is judged that the proposed conservatory would not be detrimental to the Conservation Area and is considered to preserve the character of the Conservation Area and accords to Environment Policy 35". 6.2 The principle of a conservatory was judged to be acceptable under PA 11/01627 on the basis that the impact on public and residential amenity was either neutral or of an acceptable level partly since that the conservatory's position at the rear would make it largely invisible from public areas. The assessment set out here, therefore, considers the extent and acceptability of the changes proposed under the current application relative to that previouslyapproved. 6.3 Two changes are proposed. Firstly, an extra window would be included at the side elevations, increasing the glazing panels to three and making the top half of the conservatory fully glazed. Secondly, the aforementioned pitched roof would alter the height from 0.3 m to 0.9 m , increasing the height of the conservatory over that previously approved from 2.3 m to 2.9 m . The first change is not considered significant owing to the limited level of visibility into and out of the application site from adjacent neighbours. The replacement of the flat roof with a pitched roof with a parallel ridge line (albeit with a differently-angled pitch), meanwhile, is considered an improvement in design terms over that which was previously approved. The height of the stone wall to the rear is such as to screen the conservatory from dwellings to the rear and, in any case, the conservatory would be lower in height than the dwelling - given the distances involved, the increase in mass is not considered to be of serious concern in terms of private residential amenity. 6.4 As such, the proposed re-design of the conservatory is considered acceptable and to comply with Local Plan Policies 5.2 and 5.3, and also with General Policy 2 (b) (c) (g) and Environment Policy 35 of the Strategic Plan. 6.5 Latterly turning to the alteration to the highway, the clear steer given by the Highways Division is central to the assessment of this element of the application. The proposed widening of the access by approximately half a metre would result in improved visibility on an access that feeds onto a narrow highway. The design of the new pillar, which would match the existing, is welcome, as are the proposed wooden gates. As such, this element of the application is considered to represent an improvement to the existing situation in terms of highways safety and therefore complies with General Policy 2 (i) of the Strategic Plan 6.6 The application is not considered to affect any other material planning consideration. 6.7 The agent has not provided a plan showing the footprint of the proposed conservatory. This is unfortunate, if understandable inasmuch as the footprint is not proposed to be altered from that previously approved under PA 11/01627. However, if an approval were to be forthcoming, it is necessary to provide clarity on the footprint of the conservatory. This can be done by attaching a condition relating the plan submitted under PA 11/01627 to any approval that may be forthcoming on this current application. ## 7.0 Recommendation 7.1 It is recommended that the planning application be permitted. #### 8.0 Party Status 8.1 The Highways Division is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (d), considered "interested persons" and as such should be afforded party status. 8.2 The Local Authority, Peel Town Commissioners, is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. ## Recommendation Recommended Decision: Permitted Date of 14.11.2013 Recommendation: ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. The development hereby permitted shall not be carried out unless in full accordance with (i) the following plans, received on 24th June 2013: 2013/11 01 and 2013/11 02, (ii) the following amended plan, received on 20th August 2013: 2013/11 03, and (iii) the following plan, received on 8th November 2013: 2013/11 04. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. Decision Made : Permitted Date : ...R.12.11.1.3 ### Determining officer (delete as appropriate) Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed: $\qquad$ Jennifer Chance Development Control Manager PA13/00739/B Mr Colin Quirk Installation of replacement conservatory roof and alteration to vehicular access and driveway, 41 Douglas Street Peel Isle Of Man IM5 1BB Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 26.06.2013, includes; Conservation Areas: Cons Areas: Peel Cons Area Dev Control Polygons: Reference Number: 11/01627/B Status: Permitted Proposal: Erection of a conservatory and installation of replacement windows and doors to dwelling BC Case Polygon: Reference Number: 11/07571/DEX BC Case Status: Plans Rejected Proposal: Proposed New Conservatory to rear. New Front door and replacement windows. Reference Number: 12/07134/RESUB BC Case Status: Plans Approved Proposal: Proposed new conservatory to rear. New front door and replacement windows. SITE NOTES This was approved w/ a flat roof + subsequently NOT implemented. Answer TA is therefore read, for the whole proposal + NOT inst for a osservatory roof. --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/4559-german-41-douglas-conservatory-roof/documents/911557*